Medhekar

Medhekar v. United States District Court for the Northern District of California

Good Law
99 F.3d 325
United States Court of Appeals for the Ninth CircuitOctober 31, 1996No. 96-70437California1,943 words

Opinion

Lead Opinion

Petitioners are defendants in a securities fraud action filed by real party in interest in connection with the purchase and sale of stock in one of the defendant companies. Petitioners seek a writ of mandamus directing the district court to stay the initial disclosure requirements of Fed.R.Civ.P. 26(a)(1) and Northern California Civil Local Rule 16-6 pending the disposition by the district court of defendants’ motion to dismiss the action. The district court in a published opinion ordered the disclosures to go forward. Hockey v. Medhekar, 932 F.Supp. 249 (N.D.Cal.1996). We accept mandamus review and grant the petition.

This petition raises a question of first impression relating to interpretation of the Private Securities Litigation Reform Act of 1995 (the “Act”), P.L. 104-67, codified at 15 U.S.C. §§ 77a et seq. Pursuant to section 21D(b)(3)(B) of the Act, “all discovery and other proceedings” must be stayed pending the disposition of a motion to dismiss a securities action covered by the Act. 15 U.S.C. § 78u-4(b)(3)(B). It is undisputed that the Act applies to this action, and that the limited statutory exception to the stay of discovery is not applicable here. The only…

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